Addressing trauma in the juvenile justice system

Presentation Type

Abstract

Faculty Advisor

Thomas Loikith

Access Type

Event

Start Date

25-4-2025 12:00 PM

End Date

25-4-2025 1:00 PM

Description

Although the United States' juvenile justice system aims to rehabilitate young offenders, present legal systems usually ignore the major impact psychological trauma has on youthful criminal activity. Courts still implement punitive actions without considering the manner in which trauma influences conduct and legal responsibility. Should reform of juvenile justice laws incorporate trauma-informed approaches? While making sure judicial decisions line with rehabilitative values, what legal protections can ensure due process rights? Though some jurisdictions have instituted trauma-informed policies, there is no consistent national legislative standard requiring courts to consider trauma when deciding punishments, rehabilitation, or diversionary programs. When psychological trauma is discussed in young court proceedings, important legal questions about sentence policies, constitutional protections, and the more general juvenile rehabilitation philosophy arise. Using an interdisciplinary legal approach and qualitative research techniques, I examined statutory frameworks, case law, and scholarly opinions on the influence of trauma in judicial decision-making. This study synthesizes legal ideas and policy aspects to ascertain if legislative changes are needed or whether present laws sufficiently address the needs of traumatized children. Early, results indicate that inconsistent rulings, more harsh fines, and higher rates of recidivism follow from the absence of a consistent legislative framework for trauma-informed justice. Thus, local and federal legislation amendments are needed to ensure that young courts regularly consider trauma while rendering rulings and applying penalties. In a legal sense, lawmakers and judges would benefit from endorsing legislative changes supporting constitutional protections and rehabilitation goals, therefore fostering a more fair and effective system of juvenile justice.

Comments

Poster presentation at the 2025 Student Research Symposium.

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Apr 25th, 12:00 PM Apr 25th, 1:00 PM

Addressing trauma in the juvenile justice system

Although the United States' juvenile justice system aims to rehabilitate young offenders, present legal systems usually ignore the major impact psychological trauma has on youthful criminal activity. Courts still implement punitive actions without considering the manner in which trauma influences conduct and legal responsibility. Should reform of juvenile justice laws incorporate trauma-informed approaches? While making sure judicial decisions line with rehabilitative values, what legal protections can ensure due process rights? Though some jurisdictions have instituted trauma-informed policies, there is no consistent national legislative standard requiring courts to consider trauma when deciding punishments, rehabilitation, or diversionary programs. When psychological trauma is discussed in young court proceedings, important legal questions about sentence policies, constitutional protections, and the more general juvenile rehabilitation philosophy arise. Using an interdisciplinary legal approach and qualitative research techniques, I examined statutory frameworks, case law, and scholarly opinions on the influence of trauma in judicial decision-making. This study synthesizes legal ideas and policy aspects to ascertain if legislative changes are needed or whether present laws sufficiently address the needs of traumatized children. Early, results indicate that inconsistent rulings, more harsh fines, and higher rates of recidivism follow from the absence of a consistent legislative framework for trauma-informed justice. Thus, local and federal legislation amendments are needed to ensure that young courts regularly consider trauma while rendering rulings and applying penalties. In a legal sense, lawmakers and judges would benefit from endorsing legislative changes supporting constitutional protections and rehabilitation goals, therefore fostering a more fair and effective system of juvenile justice.